[Federal Register: April 2, 2004 (Volume 69, Number 64)]
[Notices]
[Page 17470-17471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap04-116]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Delegation of Authority
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice delegation of authority.
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SUMMARY: The FAA is giving notice of a specific delegation of authority
from the FAA Administrator to the Associate Chief Counsel/Director,
Office of Dispute Resolution for Acquisition (hereinafter the ``ODRA
Director''), in all contests involving Agency actions associated with
the FAA's adaptation of Office of Management and Budget (``OMB'')
Circular A-76. The delegation was set forth in a memorandum signed by
the Administrator dated March 10, 2004. The FAA is publishing the text
of the delegation, so that it is available to interested parties.
FOR FURTHER INFORMATION CONTACT: Marie A. Collins, Staff Attorney and
Dispute Resolution Officer for the Office of Dispute Resolution for
Acquisition (AGC-70), Federal Aviation Administration, 800 Independence
Street, SW., Room 323, Washington, DC 20591; telephone (202) 267-3290;
facsimile (202) 267-3720.
SUPPLEMENTARY INFORMATION: Under the Department of Transportation and
Related Agencies Appropriations Act of 1996, Pub. L. No. 104-50, 109
Stat. 436 (1995) (``Appropriations Act''), Congress directed the FAA to
develop an acquisition system that addresses the mission and unique
needs of the Agency and at a minimum, provides for more timely and
cost-effective acquisition of equipment and materials. In the
Appropriations Act, Congress expressly directed the FAA to create the
new acquisition system without reference to existing procurement
statutes and regulations. The result was the development of the FAA's
Acquisition Management System (AMS) and the establishment of the Office
of Dispute Resolution for Acquisition (ODRA). Under the AMS, the FAA
follows the policies of the OMB Circular A-76, (Revised) Performance of
Commercial Activities to the extent that such policies are consistent
with FAA's statutory mandate. In accordance with OMB Circular A-76, the
subject delegation implements the FAA's policy that directly interested
parties may contest certain actions taken in connection with FAA
competition, pursuant to contest procedures administered by the ODRA.
Rules governing contests are published in the ODRA Web site at http://www.faa.gov/agc/odra/index.htm
.
The full text of the March 10, 2004 delegation from the
Administrator to the ODRA Director provides as follows:
Under 49 U.S.C. 106(f)(2), 49 U.S.C. 46101, et seq., Pub. L. No.
104-50, Pub. L. No. 108-176, and Pub. L. No. 108-199, I delegate to the
Associate Chief Counsel/Director, Office of Dispute Resolution for
Acquisition (``ODRA'') authority in all contests involving Agency
actions associated with the FAA's adaptation of Office of Management
and Budget (``OMB'') Circular A-76, as follows:
a. To administer individual contests and to appoint ODRA Dispute
Resolution Officers and Special Masters to administer all or portions
of such contests;
b. To conduct contest proceedings and to prepare findings and
recommendations for the Administrator or the Administrator's delegee,
who will issue final decisions in such contests.
c. To deny motions for dismissal or summary relief which have been
submitted to the ODRA by parties to contests;
d. To grant or deny motions for partial dismissal or partial
summary relief submitted to the ODRA by parties to contests, or to
order such partial dismissals on its own initiative;
e. To dismiss contests, based on voluntary withdrawals by the
parties which have instituted such proceedings;
f. To dismiss contests, where the parties to such proceedings have
achieved a settlement;
g. To issue procedural rules and interlocutory orders aimed at
proper and efficient case management, including, without limitation,
scheduling orders, subpoenas, sanctions orders for failure of
discovery, and the like;
[[Page 17471]]
h. To issue protective orders aimed at prohibiting the public
dissemination of certain information and materials provided to the ODRA
and opposing parties during the course of contest proceedings,
including, but not limited to, documents or other materials reflecting
trade secrets, confidential financial information and other proprietary
or competition-sensitive data, as well as confidential Agency source
selection information the disclosure of which might jeopardize future
Agency procurement activities;
i. To utilize consensual alternative dispute resolution (ADR)
methods in accordance with established Department of Transportation and
FAA policies;
j. To engage with Agency program offices and contractors in
voluntary mutually agreeable ADR efforts aimed at resolving issues
relating to potential contests at the earliest possible stage, even
before a contest is formally filed with the ODRA;
k. To take all other reasonable steps deemed necessary and proper
for the management of the FAA dispute resolution system for the
resolution of contests, in accordance with the Acquisition Management
System and applicable law and policy.
The Associate Chief Counsel/Director of the ODRA may redelegate the
authority set forth above, in whole or in part, to an ODRA Dispute
Resolution Officer or to a Special Master.
Issued in Washington, DC, on March 10, 2004.
Andrew B. Steinberg,
Chief Counsel.
[FR Doc. 04-7491 Filed 4-1-04; 8:45 am]
BILLING CODE 4910-13-M